Smith v. Ellenville National Bank

Full title: LAWRENCE M. SMITH, Appellant, v. ELLENVILLE NATIONAL BANK, Respondent

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 12, 1977

59 A.D.2d 791 (N.Y. App. Div. 1977)

Opinion

October 12, 1977

Motion by respondent to dismiss appeal as untimely taken denied, without costs. Cross motion by appellant for relief pursuant to CPLR 5520 (subd [a]) granted, without costs. The notice of appeal filed on October 16, 1973 shall be deemed timely (see, e.g., Messner v Messner, 42 A.D.2d 889). Respondent's brief shall be filed and served on or before November 4, 1977. Appeal set down for term commencing November 14, 1977. Sweeney, J.P., Kane, Main, Larkin and Mikoll, JJ., concur.